Terms
Probation
Probation is a sentencing alternative to incarceration upon criminal conviction. Probation is granted to eligible offenders after a trial conviction, plea bargain settlement, or guilty plea. Probation suspends an incarceration sentence and allows an offender to serve his sentence out of jail or prison. Probation guidelines vary by state and circumstance. During a period of probation, a person will be under community supervision and required to comply with all terms of probation set forth by the judge to avoid incarceration.
Approximately four million Americans are currently serving probation for their crimes. Probation is a concept that began in the late 1800s as an alternative to incarceration for those convicts who did not pose a threat to public safety and could be rehabilitated in the community. Probation originally came from the word “probare” which means to test, or to prove. Through probation an offender is put to the test and must prove that they are no longer a threat to society and will be law abiding citizens henceforth.
Probation can be beneficial to many parties involved in a criminal trial. The criminal justice system can save more money and other resources by ordering probation versus incarceration. Probation can also reduce overcrowding in jails and prisons and make room for those offenders who are truly a threat to society. Probation benefits an offender by granting them more freedom than allotted through incarceration and allows them the opportunity to pay for their crimes out of jail.
During probation, an offender is subject to a number of provisions and conditions which must be fully obeyed in order avoid incarceration. An offender is monitored by a probation officer who meets with them regularly to monitor their conduct, ensure their compliance with probation conditions, help them adapt to the community, and help them behave responsibly and lawfully. Probation officers exist to uphold the law and to be an advocate for the offender’s success in probation.
During the period of probation there will be certain things that an offender must do and certain things they are prohibited from doing. A person on probation may be required to pay restitution, live in a certain place, maintain employment, attend counseling, perform community service, abide by curfew, submit to routine chemical testing, and pay probation fees to cover the costs associated with administering probation. A person on probation may also be prohibited from attending certain places (like schools or bars), from travel, and other freedoms. An offender on probation must abide by all laws.
If any of these probation terms are violated, an offender risks losing probation rights and returning to prison or jail. In most cases, when a person violates probation, they are not eligible for early release from prison or jail. When an offender is placed on probation, it is important for them to have a clear understanding of their conditions of probation to ensure that they do not jeopardize their status. If you would like to learn more about probation, please contact us to speak to a qualified and experienced attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
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